Mental Capacity Newsletter December 2014

Mental Capacity Newsletter December 2014

CategoryArticles Author Victoria Butler-Cole KC, Alex Ruck Keene KC (Hon), Simon Edwards, Neil Allen, Anna Bicarregui Date

Welcome to the December Mental Capacity Law Newsletters. To read the Screen friendly compendium issue click here.

Highlights this month include:

In the Health, Welfare and Deprivation of Liberty Newsletter: Mostyn J takes on the Supreme Court over Article 5; the vexed OFSTED Guidance; the Re X process; guardianship and Cheshire West.

In the Property and Affairs Newsletter: decisions on planning for survivorship of attorneys, inheritance tax planning, retainers and the survival of the common law tests for testamentary and gift-making capacity.

In the Practice and Procedure Newsletter: an important case on habitual residence; a cri de coeur about case management; and what to do where a litigation friend is no longer in funds.

In the Capacity outside the COP Newsletter: prosecutions under s.44 MCA 2005; the battle of the UN Committees as to deprivation of liberty; the Law Commission’s report on kidnapping and false imprisonment and legislative change post-Winterbourne View.

In the Scotland Newsletter: an update on the position relating to powers of attorney, an important case on whether a local authority complaints procedure excludes the possibility of judicial view and Lady Hale in Glasgow.

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